Marijuana Convictions Bar Students' Access to Federal Loans
When I represent those with pending drug charges, they are typically not pleased when I tell them that conviction of a drug offense may impact their ability to receive federal student loans. Even conviction of a small amount- ANY amount- of marijuana can trigger these horrific ramifications. The federal Higher Education Act (HEA), section 483(r) prohibits those convicted of state or federal drug charges from receiving FAFSA. Those of us with school loan debt know that FAFSA loans are typically tied to lower interest rates and are often easier to defer should the lendee become unemployed, disabled, etc.
The HEA didn't always include this provision- it was amended in 1998 under President Clinton. Luckily, the law was again amended in 2006 to only bar those who were currently receiving student loans while they were convicted of a drug offense. Prior to the 2006 amendment, the prohibition applied to anyone seeking student loans, including potential or current students. That being said, the law still has real impacts on students. A college student who makes one bad choice and gets convicted of simple possession of a small amount of marijuana for personal use can find themselves incapable of receiving federal aid. For many students, that means an inability to complete school. The law mandates that a first offense of possession bars students from aid for one year, and a second offense for 2 years, a third offense is an indefinite bar. For those convicted of selling controlled substances, a first offense carries a 2 year bar and a second offense carries an indefinite suspension. Though this may not sound that severe initially, imagine getting kicked out of school for a year for experimenting with marijuana.
A possession of marijuana conviction has serious implications aside from student aid. In Washington, a first time conviction carries a mandatory minimum of 1 day in jail and a $250 or $475 fine, depending on how the sentencing judge interprets the statutory mandatory minimum fines. Possession of marijuana is a simple misdemeanor punishable by up to 90 days in jail. Judges typically impose 90 days in jail and suspend all but 1 day, thus offenders not only have one day in jail to serve, they have the potential of serving 89 more if they do not follow the terms of probation. It is unfortunate that those sentenced in State courts also must feel the impact of this federal law that limits their ability to move on and get an education.
On July 22, 2009, Congressman Barney Frank introduced a bill, `Removing Impediments to Students Education Act of 2009' or the `RISE Act of 2009,' in the house. It proposes repealing this provision of the HEA that bar students with drug convictions from receiving aid. The bill has been referred to the house committee on education and labor. Cosponsors of the bill appear in this link. Note that Olympia's Congressman Brian Baird is not among the supporters of the bill. Congressman Baird's contact information appears in this link.
